Philippine HIV and AIDS Policy Act
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Philippine HIV and AIDS Policy Act
Republic Act No. 11166
December 20, 2018
Case Overview and Summary
Summary of Republic Act No. 11166 (Philippine HIV and AIDS Policy Act):Policies and Principles
- Declares HIV and AIDS as public health concerns with wide-ranging social, political, and economic repercussions. (Section 2)
- Upholds human rights and non-discrimination based on HIV status, sex, gender, sexual orientation, age, economic status, disability, and ethnicity. (Section 2)
- Promotes meaningful inclusion and participation of PLHIV in the response. (Section 2)
- Ensures confidentiality and non-compulsory nature of HIV testing. (Section 2)
- Adopts a multi-sectoral approach involving government, civil society, and PLHIV. (Section 2)
Philippine National AIDS Council (PNAC)
- Reconstitutes and streamlines the PNAC as an agency attached to the DOH. (Section 4)
- Outlines the functions of the PNAC, including developing the AIDS Medium Term Plan (AMTP), monitoring the response, mobilizing funds, and advocating for policy reforms. (Section 5)
- Specifies the membership and composition of the PNAC, including representatives from government agencies, civil society organizations, and PLHIV. (Section 6)
- Establishes a secretariat headed by an executive director to support the PNAC. (Section 7)
- Requires the PNAC to formulate and periodically update the six-year AMTP. (Section 8)
Information, Education, and Communication
- Mandates an HIV and AIDS prevention program to educate the public and reduce risky behavior. (Section 11)
- Requires the integration of HIV and AIDS instruction in curricula of learning institutions. (Section 12)
- Mandates HIV and AIDS education for parents, guardians, overseas workers, tourists, and communities. (Sections 13, 17, 18, 19)
- Requires HIV and AIDS education programs targeting key populations and vulnerable communities. (Section 20)
- Prohibits misinformation on HIV and AIDS, including false advertising of cures or prophylactics. (Section 22)
Preventive Measures, Safe Practices, and Procedures
- Outlines HIV prevention measures, including behavior modification programs, partner notification, and access to treatment. (Section 23)
- Establishes a comprehensive health intervention for key populations. (Section 24)
- Mandates a program to prevent mother-to-child HIV transmission. (Section 25)
- Sets guidelines on blood, tissue, and organ donation, and medical procedures involving HIV transmission risks. (Sections 26, 27, 28)
Screening, Testing, and Counseling
- Encourages voluntary HIV testing and outlines circumstances for HIV testing. (Section 29)
- Allows compulsory HIV testing in specific criminal cases and for blood/organ donation. (Section 30)
- Requires the DOH to accredit HIV testing facilities, develop testing guidelines, and accredit HIV counselors. (Section 31)
- Mandates provider-initiated HIV testing for pregnant women. (Section 32)
Health and Support Services
- Requires the DOH to establish a program providing free antiretroviral therapy (ART) and treatment for opportunistic infections to PLHIV. (Section 33)
- Ensures access to medical services for indigent PLHIV. (Section 34)
- Mandates economic empowerment and support programs for PLHIV. (Section 35)
- Requires care and support programs for PLHIV, affected families, partners, and children. (Sections 36, 37, 38)
- Mandates HIV prevention and control programs in prisons and closed institutions. (Section 39)
- Ensures non-discriminatory HIV and AIDS services by government and private providers. (Section 40)
- Protects HIV educators, social workers, health workers, and service providers from harassment. (Section 41)
- Requires PhilHealth to develop benefit packages for PLHIV and prohibits denial of insurance coverage based on HIV status. (Section 42)
- Requires the DOH to maintain a comprehensive HIV and AIDS monitoring and evaluation program. (Section 43)
Confidentiality
- Guarantees confidentiality and privacy of individuals with HIV or AIDS. (Section 44)
- Outlines exceptions for releasing confidential HIV information, such as reporting requirements and court orders. (Section 45)
- Specifies procedures for disclosing HIV test results. (Section 46)
- Encourages disclosure of HIV status to partners and provides support for partner notification. (Section 47)
Discriminatory Acts and Penalties
- Prohibits discriminatory acts and practices based on HIV status in various settings, including workplace, education, travel, housing, public office, credit and insurance, hospitals, and burial services. (Section 49)
- Imposes penalties for various offenses, including misinformation, unsafe practices, confidentiality breaches, and discriminatory acts. Penalties range from fines of ₱50,000 to ₱5,000,000 and imprisonment of 6 months to 12 years, depending on the offense. (Section 50)
- Establishes a special fund from collected penalties to address gaps in the national response. (Section 51)
Final Provisions
- Appropriates funds for the initial implementation and continued implementation of the Act. (Section 52)
- Provides for a transitory provision for the absorption of DOH personnel as permanent staff of the PNAC secretariat. (Section 53)
- Requires the PNAC to promulgate implementing rules and regulations within 90 days. (Section 54)
- Repeals Republic Act No. 8504 (Philippine AIDS Prevention and Control Act of 1998) and other inconsistent laws. (Section 55)
- Includes a separability clause. (Section 56)
- Sets the effectivity date 15 days after publication in the Official Gazette or a national newspaper. (Section 57)
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Philippine HIV and AIDS Policy Act
Republic Act No. 11166
•December 20, 2018
REPUBLIC ACT NO. 11166
AN ACT STRENGTHENING THE PHILIPPINE COMPREHENSIVE POLICY ON HUMAN IMMUNODEFICIENCY VIRUS (HIV) AND ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) PREVENTION, TREATMENT, CARE, AND SUPPORT, AND RECONSTITUTING THE PHILIPPINE NATIONAL AIDS COUNCIL (PNAC), REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 8504, OTHERWISE KNOWN AS THE "PHILIPPINE AIDS PREVENTION AND CONTROL ACT OF 1998," AND APPROPRIATING FUNDS THEREFOR
SECTION 1. Short Title. — This Act shall be known as the "Philippine HIV and AIDS Policy Act."
SECTION 2. Declaration of Policies. — The Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS) are public health concerns that have wide-ranging social, political, and economic repercussions. Responding to the country's HIV and AIDS situation is therefore imbued with public interest and shall be anchored on the principles of human rights upholding human dignity.
Policies and practices that discriminate on the basis of perceived or actual HIV status, sex, gender, sexual orientation, gender identity and expression, age, economic status, disability, and ethnicity hamper the enjoyment of basic human rights and freedoms guaranteed in the Constitution and are deemed inimical to national interest....
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